Immigration

If Congress Wants To Amend, Here's A Possibility

June 11, 1995

Although an ill-conceived constitutional amendment that would bar physical desecration of the U.S. flag is a focus of lawmakers now, efforts to amend other aspects of the Constitution pop up periodically. Most are misguided.

For example, some proponents of gun control would amend or abolish the Second Amendment, which speaks to a "well regulated militia" and the right "to keep and bear arms." But the courts have consistently ruled that the amendment does not restrict government's right to regulate private firearms ownership. No amendment is necessary.

In the tax reform movement now under way, some have suggested that the 16th Amendment, which gives Congress the right to collect a tax on income, be abolished. But tax reform doesn't need to be bogged down in an amendment battle. The amendment doesn't require an income tax; it simply permits one. Congress can do away with the tax any time it wishes.

However, there is one suggestion for an amendment, seldom discussed, which we think needs more attention in light of the immigration problem facing the United States. We note that a congressional commission on immigration has just advocated sharp reductions in legal immigration. But more will have to be done.

The 14th Amendment says "All persons born ... in the United States ... are citizens of the United States." Is that a luxury this nation can afford to offer when an estimated 2 million to 3 million illegal immigrants are now entering the country each year. Shouldn't only the children of citizens and legal immigrants be offered "birthright citizenship"?

We think it's worth thinking about. Certainly the issue is of far more consequence to this nation's future than flag burning. An amendment to outlaw flag burning? When was the last time you saw a flag on fire?